Q: My mom wants to leave her house to me, and exclude my siblings from any claim. What is the best (and cheapest) way?
The house is mortgaged, she bought it for about 70k and really is the only asset she has. I have one sister who I know will contest this, but as she has refused to be an actual member of our family for years, my mom wants her to have nothing. I have helped with payments, I take care of her. My other two siblings don't care that I have it.
A: Have your Mom contact a will/estate lawyer and have a will drawn up for her which provides her intent on what she wants to do with her estate, including the house, upon her passing.
A: She must write a will or it goes to all of her children.
A: She must write a will or it goes to all of her children.
A: This can be achieved with a will / trust. Since you are aware this will be contested, or you suspect it will be, then do not try to use a free form or the cheap way. You need to invest, more specifically your mom will need to invest in a qualified attorney to draft this for her. There needs to be some specific language included that if it is missing then it could invalidate the intent and thus granting your sibling her sibling share. Remember cheapest now does not always end up being the cheapest in the long run.
Jessica Brown agrees with this answer
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